793.03 GRANT OF AUTHORITY AND GENERAL PROVISIONS.
   (a)   Authority for Use of Streets. For the purpose of constructing, operating, and maintaining a system in the city, an operator may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the system, provided that all applicable permits, including the permit, are applied for and granted, all fees paid and all other city codes and ordinances are otherwise complied with.
   (b)   Nature of Chapter. This chapter shall authorize an operator to provide both cable services on the system and noncable services on the system. The authority granted herein authorizes the operator to provide noncable services on the system; provided, however, that the operator may petition the Mayor for any necessary amendment of its permit to provide such noncable services on the system without the need to secure further authorization from the city. Subject to any applicable provisions of state or federal law, the Mayor shall grant such authority, conditioned upon acceptance by such operator of whatever terms and conditions the Mayor reasonably determines are appropriate in the circumstances, it being understood and agreed that, at a minimum, such terms and conditions may include payment to the city of compensation in respect of such noncable services at rates different, but no greater, than those set forth herein; provided that other competing providers of such noncable services are also required to make similar payments and comply with similar terms and conditions, whether the city imposes such payments, terms and conditions, whether the city imposes such payments, terms and conditions pursuant to state or federal law, this chapter or other provisions of the Reynoldsburg City Codes.
   (c)   Mayor's Authority. The Mayor is hereby granted the authority to enter into permits with operators, or to modify the same from time to time, pursuant to and consistent with the provisions of this chapter or the permit which binds the operator to the terms of this chapter and the permit. Such permits may also contain such other provisions as may be negotiated between the Mayor and any operator which the Mayor deems appropriate under the circumstances. All such permits shall be submitted to City Council for, its approval, shall contain reasonably similar terms and conditions such that there is no undue discrimination among various operators, given the current conditions and the relative vintage of the permits, and shall be effective as set forth in the ordinance or resolution approving the same.
(Ord. 91-99, passed 7-26-99.)